HB 908 -- PROOF OF INSURANCE (Thomason)

This bill requires any person registering a motor vehicle to
demonstrate to the Director of Revenue that he or she has
insurance in effect.  Any insurer that does not furnish an
insurance identification card to the insurer and any insured
that does not carry a card in the vehicle at all times and
present it upon request of an officer will be guilty of a class
A misdemeanor.  The court will assess and impose a minimum fine
of $100 for the first offense, $250 for the second offense, and
$500 for the third and any subsequent offense.  No penalty for
such violation will be assessed or imposed if the operator
provides the court with proof that the vehicle was insured on
the date the operator did not have the card to present.

Any owner who operates, authorizes anyone to operate, or
operates a vehicle owned by another with the knowledge the owner
has no financial responsibility covering the operation of the
vehicle is guilty of a class C misdemeanor.  The court will
assess and impose a fine of $100 for the first offense, $250 for
the second offense, and $500 for the third and any subsequent
offense.  No court can suspend the imposition of a sentence or
suspend the execution of any sentence imposed for a violation.
If the operator or owner can not pay the fine, the judge may
imprison such person in lieu of the fine, 30 days for each $100
owed.  These penalties will be in addition to any administrative
suspension. No penalty for a violation of these provisions will
be assessed or imposed, if evidence is provided in court that on
the date the violation was charged the person in question was in
compliance with financial responsibility requirements.

This bill requires that the random sample presently performed by
the Department of Revenue ensuring compliance with financial
responsibility must be of at least 1% of the motor vehicle
registrations or renewals.

Any person who fails to maintain financial responsibility and is
subject to suspension due to damages or injuries arising out of
an accident, will have his or her license to operate a motor
vehicle suspended until he or she deposits security, is released
from liability, is finally adjudicated not liable, or executes
an agreement providing for payment with respect to all injuries
or damages from an accident.  The person will not be eligible
for reinstatement unless proof of financial responsibility is
filed with the Department of Revenue.  If a person has had 2 or
more prior suspensions for failure to maintain the required
financial responsibility, the reinstatement fee will be $1,000.

All final decisions of the administrative hearing process of the
Department of Revenue must be made within 120 days of the date a
hearing is held.  Presently, all final decisions must be made
within 90 days after request.

Any person who operates a vehicle while the license or
registration is suspended or revoked or who knowingly permits
any person to operate such vehicle upon any highway is guilty of
a class A misdemeanor.  No court may suspend the imposition of
sentence nor impose a fine in lieu of a term of imprisonment,
nor is such person eligible for parole or probation until he or
she has served a minimum of 30 days, unless as a condition of
parole or probation the person performs at least 10 days
involving at least 100 hours of community service under the
supervision of the court in those jurisdictions which have a
recognized program for community service.

FICAL NOTE:  Estimated Net Increase to Highway Fund of $622,787
in FY 97, $952,634 in FY 98, and $964,921 in FY 99.  Estimated
Net Effect on State School Moneys Fund of $0 in FY 97, FY 98,
and FY 99.

HB 908, HCA 1 -- PROOF OF INSURANCE

SPONSOR:  Thomason

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 16 to 0.

This bill makes it a class A misdemeanor for any insurer not to
furnish an insurance identification card to the insured and for
any insured who does not carry such card in the vehicle at all
times and present it upon request of an officer.  The court will
assess and impose a minimum fine of $100 for the first offense,
$250 for the second offense, and $500 for the third and any
subsequent offense.  Any owner who operates, authorizes anyone
to operate, or operates a vehicle owned by another with the
knowledge the owner has no financial responsibility covering the
operation of the vehicle is guilty of a class C misdemeanor.
The court will assess and impose a fine of $100 for the first
offense, $200 for the second offense, and $300 for the third and
any subsequent offense.  No court can suspend the imposition of
a sentence or suspend the execution of any sentence imposed for
a violation.  If the operator or owner can not pay the fine, the
judge may imprison such person in lieu of the fine, 30 days for
each $100 owed.  These penalties will be in addition to any
administrative suspension. No penalty for a violation of these
provisions will be assessed or imposed if evidence is provided
in court that on the date the violation was charged such person
in question was in compliance with financial responsibility
requirements.  This bill requires that the random sample
presently performed by the Department of Revenue ensuring
compliance with financial responsibility must consist of at
least 1% of the motor vehicle registrations or licenses.

Any person who fails to maintain financial responsibility and is
subject to suspension due to damages or injuries arising out of
an accident will have his or her license to operate a motor
vehicle suspended until such person deposits security, is
released from liability, is finally adjudicated not liable, or
executes an agreement providing for payment with respect to all
injuries or damages from an accident.  The person will not be
eligible for reinstatement unless proof of financial
responsibility is filed with the Department of Revenue.  If a
person has had 2 or more prior suspensions for failure to
maintain the required financial responsibility, the
reinstatement fee will be $1,000.

All final decisions of the administrative hearing process of the
Department of Revenue must be made within 120 days of the date a
hearing is held.  Presently, all final decisions must be made
within 90 days of the hearing.

Any person who operates a vehicle while the license or
registration is suspended or revoked or knowingly permits any
person to operate such vehicle upon any highway is guilty of a
class A misdemeanor.  No court may suspend the imposition of
sentence nor impose a fine in lieu of a term of imprisonment,
nor is such person eligible for parole or probation until he or
she has served a minimum of 30 days, unless as a condition of
parole or probation the person performs at least 10 days
involving at least 100 hours of community service under the
supervision of the court in those jurisdictions which have a
recognized program for community service.

No automobile liability policy covering historic motor vehicles
will be required to cover uninsured motorist coverage.

HCA l -- Presently a person must sign a statement at the time of
registration certifying such person has and will maintain
financial responsibility during the period of registration.
This amendment requires a person to demonstrate that one has and
will maintain financial responsibility during the period of
registration.

FISCAL NOTE:  Estimated Net Increase to Highway Fund of $662,787
in FY 97, $952,634 in FY 98, and $964,921 in FY 99.  Estimated
Net Effect on State School Moneys Fund of $0 in FY 97, FY 98,
and FY 99.

PROPONENTS:  Supporters say that the problem of uninsured
motorist is one that many Missourians have been demanding action
on for a long time.  Supporters say it is time that motorists be
responsible for their action and believe this bill will help
guide them in the right direction.

Testifying for the bill was Representative Thomason.

OPPONENTS:   There was no opposition voiced to the committee.

Robert Triplett, Research Analyst

HB 908 -- Proof of Insurance

Sponsor:  Thomason

This bill makes it a class A misdemeanor for any insurer not to
furnish an insurance identification card to the insured and for
any insured who does not carry such card in the vehicle at all
times and present it upon request of an officer.  The court will
assess and impose a minimum fine of $100 for the first offense,
$250 for the second offense, and $500 for the third and any
subsequent offense.  Any owner who operates, authorizes anyone
to operate, or operates a vehicle owned by another with the
knowledge the owner has no financial responsibility covering the
operation of the vehicle is guilty of a class C misdemeanor.
The court will assess and impose a fine of $100 for the first
offense, $200 for the second offense, and $300 for the third and
any subsequent offense.  No court can suspend the imposition of
a sentence or suspend the execution of any sentence imposed for
a violation.  If the operator or owner can not pay the fine, the
judge may imprison such person in lieu of the fine, 30 days for
each $100 owed.  These penalties will be in addition to any
administrative suspension. No penalty for a violation of these
provisions will be assessed or imposed if evidence is provided
in court that on the date the violation was charged such person
in question was in compliance with financial responsibility
requirements.  This bill requires that of the random sample
presently performed by the Department of Revenue ensuring
compliance with financial responsibility must be of at least 1%
of the motor vehicle registrations or licenses.

Any person who fails to maintain financial responsibility and is
subject to suspension due to damages or injuries arising out of
an accident will have his or her license to operate a motor
vehicle suspended until such person deposits security, is
released from liability, is finally adjudicated not liable, or
executes an agreement providing for payment with respect to all
injuries or damages from an accident.  The person will not be
eligible for reinstatement unless proof of financial
responsibility is filed with the Department of Revenue.  If a
person has had 2 or more prior suspensions for failure to
maintain the required financial responsibility, the
reinstatement fee will be $1,000.

All final decisions of the administrative hearing process of the
Department of Revenue must be made within 120 days of the date a
hearing is held.  Presently, all final decisions must be made
within 90 days of the hearing.

Any person who operates a vehicle while the license or
registration is suspended or revoked or knowingly permits any
person to operate such vehicle upon any highway is guilty of a
class A misdemeanor.  No court may suspend the imposition of
sentence nor impose a fine in lieu of a term of imprisonment,
nor is such person eligible for parole or probation until he or
she has served a minimum of 30 days, unless as a condition of
parole or probation the person performs at least 10 days
involving at least 100 hours of community service under the
supervision of the court in those jurisdictions which have a
recognized program for community service.

No automobile liability policy covering historic motor vehicles
will be required to cover uninsured motorist coverage.